[Rev. 11/21/2013 10:24:56 AM--2013]

CHAPTER 245 - COUNTIES: OFFICERS AND EMPLOYEES GENERALLY

GENERAL PROVISIONS

NRS 245.010           Certificates of election of county officers.

NRS 245.020           Election and qualification of certain county officers to be certified to Secretary of State.

NRS 245.030           Board of county commissioners may require new bond of county officers or monthly reports of county fiscal officers; examination of books.

NRS 245.040           Office hours of certain county officers; branch offices; penalties.

NRS 245.043           Annual salaries of elected county officers.

NRS 245.0435         Private practice of law by certain district attorneys prohibited; disqualification from prosecution.

NRS 245.044           Payment for longevity for elected county officers.

NRS 245.045           Salaries of appointive county officers and employees fixed by ordinance or resolution.

NRS 245.048           Employment of person admitted for permanent residency: Provision of documentation required by federal law.

NRS 245.050           Biweekly or semimonthly payment of salaries.

NRS 245.055           Prohibition on deduction of employee’s salary for service as volunteer firefighter or volunteer ambulance driver or attendant.

NRS 245.060           Travel expenses: Reimbursement; per diem allowance.

NRS 245.062           Travel expenses: Adoption and contents of ordinance establishing procedures for payment; advance constitutes lien on wages.

NRS 245.065           Public hearing for dismissed employee in certain counties.

NRS 245.070           County officers to contract only when authorized by commissioners.

NRS 245.075           County officer not to be interested in certain contracts or purchases; penalties. [Effective through December 31, 2013.]

NRS 245.075           County officer not to be interested in certain contracts or purchases; penalties. [Effective January 1, 2014.]

NRS 245.110           Nevada Ethics in Government Law inapplicable to certain transactions.

NRS 245.120           County officers may sell indebtedness for personal services rendered.

NRS 245.125           Deposit and payment of money not belonging to county or its officers or employees.

RESIGNATIONS, VACANCIES AND TEMPORARY APPOINTMENTS

NRS 245.130           Resignations.

NRS 245.140           Certification of cause of certain vacancies.

NRS 245.150           Certification of vacancy to Secretary of State.

NRS 245.160           When commissioners declare an office vacant.

NRS 245.170           Vacancies: Appointment by board of county commissioners; placement of office or position on ballot under certain circumstances.

NRS 245.180           Temporary appointments.

NRS 245.185           Temporary limited appointments of certified persons with disabilities.

VACATIONS AND LEAVES OF ABSENCE; DISABILITY

NRS 245.200           Leaves of absence for elected county officers.

NRS 245.210           Annual and other leave for county officers and employees; contents of ordinance or agreement.

NRS 245.211           Pension or insurance for peace officers and firefighters who are disabled.

MERIT SYSTEM FOR EMPLOYEES

NRS 245.213           Establishment of merit system.

NRS 245.214           Administration by board of county commissioners.

NRS 245.215           Regulations: Required provisions.

NRS 245.216           Personnel exempted from merit system.

_________

GENERAL PROVISIONS

      NRS 245.010  Certificates of election of county officers.  All county officers elected by the people shall receive certificates of election from the boards of county commissioners of their respective counties.

      [Part 30:108:1866; B § 2628; BH § 1665; C § 1811; RL § 2794; NCL § 4794]

      NRS 245.020  Election and qualification of certain county officers to be certified to Secretary of State.  Within 10 days after the election or appointment and qualification of any county officer authorized by law to take acknowledgments or administer oaths, the clerk of the board of county commissioners of each county shall certify, under seal, to the Secretary of State the fact of election or appointment and qualification of any such officer in that county. The certificate shall be filed in the Office of the Secretary of State as evidence of the official character of such officers.

      [Part 31:108:1866; B § 2629; BH § 1666; C § 1812; RL § 2795; NCL § 4795]

      NRS 245.030  Board of county commissioners may require new bond of county officers or monthly reports of county fiscal officers; examination of books.

      1.  The board of county commissioners shall:

      (a) By an order to that effect entered upon the record, require a new bond of any county or township officer, with additional sureties, whenever the board deems the same necessary.

      (b) See that all the county and township officers entrusted with the collection, disbursement, safekeeping or management of the public revenue, faithfully perform the duties imposed upon them by law, and shall cause them to be prosecuted for any delinquencies.

      2.  The board of county commissioners may:

      (a) Require of all county or township officers, entrusted with the collection, management, safekeeping or disbursement of public funds, a monthly report of all collections and disbursements made by them during the preceding month.

      (b) At any time examine their books, accounts and vouchers.

      [14:80:1865; B § 3083; BH § 1955; C § 2117; RL § 1514; NCL § 1947]

      NRS 245.040  Office hours of certain county officers; branch offices; penalties.

      1.  Sheriffs, county recorders and county auditors, county clerks, county assessors and county treasurers shall keep an office at the county seat of their county which, except as otherwise provided in subsections 3 and 4, must be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m. for the transaction of public business, but nothing contained in this subsection interferes with a duty now required of a public officer under the election laws of this State. County clerks shall keep their offices open on all election days during the hours when the polls are open for voting but may, with the consent of the district judge of the county, close their offices for all purposes except election business and the issuance of marriage licenses on any day on which the primary or general election is held.

      2.  Notwithstanding the provisions of subsection 1, the board of county commissioners of any county may, by an order regularly made and entered in the records of its proceedings, designate the days and hours during which the offices of the sheriff, county recorder and county auditor, county clerk, county assessor and county treasurer must be kept open for the transaction of public business. An order so made and entered must require each office to be kept open for not less than 40 hours during each week, and must not prevent the county clerk from closing his or her office for all purposes except election business and the issuance of marriage licenses on primary and general election days as provided in subsection 1.

      3.  The board of county commissioners may authorize a county officer to rent, equip and operate, at public expense, one or more branch offices in the county. The branch office may be kept open for the transaction of public business on the days and during the hours specified in subsections 1 and 2 or on such days and during such hours as determined by the board. The provisions of this subsection do not preempt any other statutory provisions which require certain duties to be performed at the county seat.

      4.  Any county office may deviate from the hours of operation required pursuant to this section if the board of county commissioners approves the plan for the deviation submitted by the office, except that no such deviation may conflict with the election laws of this State. Such a plan must be fiscally neutral or result in cost savings.

      5.  A county officer who violates the provisions of this section is guilty of a misdemeanor, and if an officer mentioned in subsection 1 absents himself or herself from office, except:

      (a) When called away from his or her office by official duties;

      (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or

      (c) When he or she makes provision to leave his or her office open for the transaction of public business on the days and during the hours prescribed by this section and in charge of a deputy qualified to act in the county officer’s absence,

Ê there must be withheld from the county officer’s monthly salary that proportion thereof as the number of days of absence bears to the number of days of the month in which the absence occurs. The money must be withheld from payment of salary to the officer for the next succeeding month by order of the board of county commissioners, but such an order must not be made without first giving the officer affected reasonable notice and an opportunity to appear before the board and defend the charge against him or her.

      [1:178:1907; A 1929, 255; 1955, 6, 471] + [2:178:1907; A 1945, 340; 1955, 6]—(NRS A 1959, 39; 1961, 30; 1967, 535; 1987, 2308; 1989, 243, 1295; 1997, 217; 2010, 26th Special Session, 50; 2011, 2046)

      NRS 245.043  Annual salaries of elected county officers.

      1.  As used in this section:

      (a) “County” includes Carson City.

      (b) “County commissioner” includes the Mayor and supervisors of Carson City.

      2.  Except as otherwise provided by any special law, the elected officers of the counties of this State are entitled to receive, for the appropriate fiscal year, annual salaries in the base amounts specified in the following table. The annual salaries are in full payment for all services required by law to be performed by such officers. Except as otherwise provided by law, all fees and commissions collected by such officers in the performance of their duties must be paid into the county treasury each month without deduction of any nature.

 

ANNUAL SALARIES

 

                                                        District                                  County          County          County          County              Public

Class    County                          Attorney            Sheriff          Clerk          Assessor       Recorder       Treasurer     Administrator

 

  1           Clark

                 FY 2007-2008    $166,647      $143,661        $97,518        $97,518        $97,518        $97,518        $97,518

                 FY 2008-2009      171,647        147,971        100,443        100,443        100,443        100,443        100,443

                 FY 2009-2010      176,796        152,410        103,456        103,456        103,456        103,456        103,456

                 FY 2010-2011      182,100        156,983        106,560        106,560        106,560        106,560        106,560

  2           Washoe

                 FY 2007-2008      147,109        118,376           89,391           89,391           89,391           89,391           89,391

                 FY 2008-2009      151,522        121,928           92,073           92,073           92,073           92,073           92,073

                 FY 2009-2010      156,068        125,585           94,835           94,835           94,835           94,835           94,835

                 FY 2010-2011      160,750        129,353           97,680           97,680           97,680           97,680           97,680

  3           Carson City

                 FY 2007-2008      105,616           87,575           69,563           69,563           69,563           69,563            --------

                 FY 2008-2009      108,785           90,202           71,650           71,650           71,650           71,650            --------

                 FY 2009-2010      112,049           92,909           73,799           73,799           73,799           73,799            --------

                 FY 2010-2011      115,410           95,696           76,013           76,013           76,013           76,013            --------

               Churchill

                 FY 2007-2008      105,616           87,575           69,563           69,563           69,563           69,563            --------

                 FY 2008-2009      108,785           90,202           71,650           71,650           71,650           71,650            --------

                 FY 2009-2010      112,049           92,909           73,799           73,799           73,799           73,799            --------

                 FY 2010-2011      115,410           95,696           76,013           76,013           76,013           76,013            --------

               Douglas

                 FY 2007-2008      105,616           87,575           69,563           69,563           69,563           69,563            --------

                 FY 2008-2009      108,785           90,202           71,650           71,650           71,650           71,650            --------

                 FY 2009-2010      112,049           92,909           73,799           73,799           73,799           73,799            --------

                 FY 2010-2011      115,410           95,696           76,013           76,013           76,013           76,013            --------

               Elko

                 FY 2007-2008      105,616           87,575           69,563           69,563           69,563           69,563            --------

                 FY 2008-2009      108,785           90,202           71,650           71,650           71,650           71,650            --------

                 FY 2009-2010      112,049           92,909           73,799           73,799           73,799           73,799            --------

                 FY 2010-2011      115,410           95,696           76,013           76,013           76,013           76,013            --------

               Humboldt

                 FY 2007-2008      105,616           87,575           69,563           69,563           69,563           69,563            --------

                 FY 2008-2009      108,785           90,202           71,650           71,650           71,650           71,650            --------

                 FY 2009-2010      112,049           92,909           73,799           73,799           73,799           73,799            --------

                 FY 2010-2011      115,410           95,696           76,013           76,013           76,013           76,013            --------

               Lyon

                 FY 2007-2008      105,616           87,575           69,563           69,563           69,563           69,563            --------

                 FY 2008-2009      108,785           90,202           71,650           71,650           71,650           71,650            --------

                 FY 2009-2010      112,049           92,909           73,799           73,799           73,799           73,799            --------

                 FY 2010-2011      115,410           95,696           76,013           76,013           76,013           76,013            --------

               Nye

                 FY 2007-2008      105,616           87,575           69,563           69,563           69,563           69,563            --------

                 FY 2008-2009      108,785           90,202           71,650           71,650           71,650           71,650            --------

                 FY 2009-2010      112,049           92,909           73,799           73,799           73,799           73,799            --------

                 FY 2010-2011      115,410           95,696           76,013           76,013           76,013           76,013            --------

  4           Lander

                 FY 2007-2008         99,749           78,818           58,023           58,023           58,023           58,023            --------

                 FY 2008-2009      102,741           81,183           59,764           59,764           59,764           59,764            --------

                 FY 2009-2010      105,823           83,618           61,556           61,556           61,556           61,556            --------

                 FY 2010-2011      108,998           86,127           63,403           63,403           63,403           63,403            --------

               Storey

                 FY 2007-2008         99,749           78,818           58,023           58,023           58,023           58,023            --------

                 FY 2008-2009      102,741           81,183           59,764           59,764           59,764           59,764            --------

                 FY 2009-2010      105,823           83,618           61,556           61,556           61,556           61,556            --------

                 FY 2010-2011      108,998           86,127           63,403           63,403           63,403           63,403            --------

               White Pine

                 FY 2007-2008         99,749           78,818           58,023           58,023           58,023           58,023            --------

                 FY 2008-2009      102,741           81,183           59,764           59,764           59,764           59,764            --------

                 FY 2009-2010      105,823           83,618           61,556           61,556           61,556           61,556            --------

                 FY 2010-2011      108,998           86,127           63,403           63,403           63,403           63,403            --------

  5           Eureka

                 FY 2007-2008         88,014           63,054           52,009           52,009           52,009           52,009            --------

                 FY 2008-2009         90,654           64,946           53,570           53,570           53,570           53,570            --------

                 FY 2009-2010         93,374           66,894           55,177           55,177           55,177           55,177            --------

                 FY 2010-2011         96,175           68,901           56,832           56,832           56,832           56,832            --------

               Lincoln

                 FY 2007-2008         88,014           63,054           52,009           52,009           52,009           52,009            --------

                 FY 2008-2009         90,654           64,946           53,570           53,570           53,570           53,570            --------

                 FY 2009-2010         93,374           66,894           55,177           55,177           55,177           55,177            --------

                 FY 2010-2011         96,175           68,901           56,832           56,832           56,832           56,832            --------

               Mineral

                 FY 2007-2008         88,014           63,054           52,009           52,009           52,009           52,009            --------

                 FY 2008-2009         90,654           64,946           53,570           53,570           53,570           53,570            --------

                 FY 2009-2010         93,374           66,894           55,177           55,177           55,177           55,177            --------

                 FY 2010-2011         96,175           68,901           56,832           56,832           56,832           56,832            --------

               Pershing

                 FY 2007-2008         88,014           63,054           52,009           52,009           52,009           52,009            --------

                 FY 2008-2009         90,654           64,946           53,570           53,570           53,570           53,570            --------

                 FY 2009-2010         93,374           66,894           55,177           55,177           55,177           55,177            --------

                 FY 2010-2011         96,175           68,901           56,832           56,832           56,832           56,832            --------

  6           Esmeralda

                 FY 2007-2008         69,886           56,049           45,508           45,508           45,508            --------            --------

                 FY 2008-2009         71,983           57,730           46,873           46,873           46,873            --------            --------

                 FY 2009-2010         74,142           59,462           48,280           48,280           48,280            --------            --------

                 FY 2010-2011         76,366           61,246           49,728           49,728           49,728            --------            --------

 

      3.  A board of county commissioners may, by a vote of at least a majority of all the members of the board, set the annual salary for the county commissioners of that county, but in no event may the annual salary exceed an amount which equals:

      (a) For Fiscal Year 2007-2008, 131.716 percent;

      (b) For Fiscal Year 2008-2009, 136.985 percent;

      (c) For Fiscal Year 2009-2010, 142.464 percent; and

      (d) For Fiscal Year 2010-2011, 148.163 percent,

Ê of the amount of the annual salary for the county commissioners of that county that was in effect by operation of statute on January 1, 2003.

      (Added to NRS by 1969, 1460; A 1973, 1777; 1975, 1479; 1977, 1322; 1979, 152, 1392; 1981, 1153, 1156, 1997, 1999; 1985, 1610; 1987, 54, 113, 115, 2309; 1989, 244, 2127, 2130; 1995, 2517; 2003, 2678; 2007, 2409)

      NRS 245.0435  Private practice of law by certain district attorneys prohibited; disqualification from prosecution.

      1.  Except as otherwise provided in NRS 252.060, the district attorneys in counties of classes 1 to 5, inclusive, as classified in the table of annual salaries, shall not engage in the private practice of law.

      2.  A district attorney who is permitted to engage in the private practice of law shall disqualify himself or herself from any criminal prosecution of a person who has been involved in a matter related to the district attorney’s private practice of law.

      3.  As used in this section, “private practice of law” by a district attorney means the performance of legal service, for compensation, for any person or organization except the district attorney’s county and any other governmental agency which the district attorney has a statutory duty to serve.

      (Added to NRS by 1975, 1479; A 1977, 1325; 1981, 1159; 1985, 1553; 1991, 103; 1995, 2520)

      NRS 245.044  Payment for longevity for elected county officers.

      1.  On and after July 1, 1973, if an elected county officer has served in his or her office for more than 4 years, the officer is entitled to an additional salary of 2 percent of his or her base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or his or her annual salary set pursuant to subsection 3 of NRS 245.043, as applicable, for each full calendar year the officer has served in his or her office.

      2.  The additional salary provided in this section for an eligible county officer:

      (a) Must be computed on July 1 of each year by multiplying 2 percent of the base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or the annual salary set pursuant to subsection 3 of NRS 245.043, as applicable, by the number of full calendar years the elected county officer has served in his or her office; and

      (b) Must not exceed 20 percent of the base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or the annual salary set pursuant to subsection 3 of NRS 245.043, as applicable.

      3.  Service on the Board of Supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the first Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.

      (Added to NRS by 1973, 1780; A 1975, 958; 1983, 1649; 1987, 115; 1995, 2520; 2007, 2411)

      NRS 245.045  Salaries of appointive county officers and employees fixed by ordinance or resolution.  Boards of county commissioners have authority to fix the salaries of all appointive county officers and employees by the enactment of ordinances or the adoption of resolutions.

      (Added to NRS by 1963, 1295; A 1969, 1462)

      NRS 245.048  Employment of person admitted for permanent residency: Provision of documentation required by federal law.  The board of county commissioners, a county officer and any other person acting on behalf of a county shall not hire or appoint as an employee any person who has been lawfully admitted for permanent residency in the United States, unless the person hired or appointed has provided the county with the documentation required by 8 U.S.C. § 1324a(b).

      (Added to NRS by 1993, 2431)

      NRS 245.050  Biweekly or semimonthly payment of salaries.  All county officers and regular and temporary employees of the counties are entitled to be paid their salaries as fixed by law, ordinance or resolution either at regular 2-week intervals or in two equal semimonthly payments. If salaries are paid semimonthly, the first semimonthly payment for each month must be for the first half of that particular month, and the second semimonthly payment must be for the last half of the month.

      [Part 1:179:1941; A 1949, 406; 1951, 77]—(NRS A 1969, 1462; 1973, 292; 1987, 2311; 1989, 246)

      NRS 245.055  Prohibition on deduction of employee’s salary for service as volunteer firefighter or volunteer ambulance driver or attendant.

      1.  All county employees must be paid their salaries as fixed by law, ordinance or resolution without diminution on account of any time spent away from county employment while acting as:

      (a) Volunteer firefighters of any regular organized and recognized fire department in the protection of life or property; or

      (b) Volunteer ambulance drivers or attendants,

Ê during working hours or fractions thereof which should otherwise have been devoted to county employment.

      2.  As used in this section, “volunteer ambulance driver or attendant” means a person who is a driver of or attendant on an ambulance owned or operated by:

      (a) A nonprofit organization that provides volunteer ambulance service in any county, city or town in this State; or

      (b) A political subdivision of this State.

      (Added to NRS by 1969, 43; A 1971, 223; 1997, 468; 2005, 319)

      NRS 245.060  Travel expenses: Reimbursement; per diem allowance.

      1.  Except as otherwise provided in subsection 2, if a county or township officer or an employee of the county is entitled to receive reimbursement for his or her necessary traveling expenses for the transaction of public business, such reimbursement must include actual living expenses, but the amount allowed for traveling by private conveyance must not exceed the amount charged by public conveyance. Where it appears to the satisfaction of the board of county commissioners that travel by private conveyance is more economical, or where it appears that, owing to train, airplane or bus schedules or for other reasons, travel by public conveyance is impractical, or in case a part of the route traveled is not covered by public conveyance, the board of county commissioners, in its discretion, may allow for traveling by private conveyance an amount not to exceed the maximum per-mile allowance for travel by private conveyance established by the State Board of Examiners for state officers and employees generally.

      2.  The board of county commissioners of a county may provide, to any county or township officer or employee of the county who is required to travel for the transaction of public business for a period of not more than 5 consecutive working days at a time, a per diem allowance and travel expenses at the same rate as the comparable rate established for employees of the Federal Government by the Administrator of General Services pursuant to 5 U.S.C. § 5707, excluding any federal requirement, restriction or other condition which is applicable to that comparable rate.

      [1:16:1928; A 1939, 31; 1953, 69; 1955, 596]—(NRS A 1965, 238; 1967, 453; 1969, 1470; 1973, 1675; 1997, 1734; 2007, 601, 2411)

      NRS 245.062  Travel expenses: Adoption and contents of ordinance establishing procedures for payment; advance constitutes lien on wages.

      1.  The board of county commissioners of a county shall, by ordinance, establish procedures for the payment of authorized travel expenses of county officers and employees arising out of their official duties or employment as provided in NRS 245.060.

      2.  The ordinance must require that each department of the county set forth in its annual budget the maximum amount of money that it estimates will be necessary to pay for necessary travel expenses for the fiscal year. The ordinance may contain procedures by which the amount budgeted by a department during the fiscal year may be increased if the estimated amount of money is insufficient to pay for actual travel expenses.

      3.  The ordinance may authorize certain officers or employees to disburse money to pay an advance or claim for travel expenses to an employee without obtaining the approval of the board of county commissioners if the amount of such an advance or claim was included in the annual budget of the employing department.

      4.  All money advanced to a county officer or employee to pay for his or her travel expenses constitutes a lien in favor of the county upon the accrued wages of the officer or employee to whom the advance was made. The county may advance more money to an officer or employee than the amount of his or her currently accrued wages.

      (Added to NRS by 1961, 202; A 1973, 1082; 1979, 521; 1989, 973; 1997, 1734)

      NRS 245.065  Public hearing for dismissed employee in certain counties.

      1.  When an employee of a county other than a department head, county manager or county administrator who has been employed by the county for 12 or more months is dismissed from employment the employee may request within 15 days of the date of dismissal a written statement specifically setting forth the reasons for the dismissal. Within 15 days of the date of the request the employee so dismissed shall be furnished the written statement. Within 30 days after receipt of the written statement, the dismissed employee may, in writing, request a public hearing before the board of county commissioners to determine the reasonableness of the action. The board of county commissioners shall grant the dismissed employee a public hearing within 15 days after receipt of the written request. At the public hearing, technical rules of evidence do not apply.

      2.  Boards of county commissioners are authorized to enact ordinances necessary to make effective the purposes of this section.

      3.  The provisions of this section do not apply in counties having a population of 100,000 or more.

      (Added to NRS by 1965, 308; A 1969, 829, 1545; 1973, 1139; 1979, 521)

      NRS 245.070  County officers to contract only when authorized by commissioners.  No county officer in any county in this State, except the board of county commissioners, shall contract for the payment or expenditure of any county moneys for any purpose whatever, or shall purchase any stores or materials, goods, wares or merchandise, or contract for any labor or service whatever, except the board of county commissioners, or a majority of it, shall order such officer to do the same.

      [1:112:1887; C § 2239; RL § 1539; NCL § 1975]

      NRS 245.075  County officer not to be interested in certain contracts or purchases; penalties. [Effective through December 31, 2013.]

      1.  Except as otherwise provided in NRS 281.230, 281A.430, 281A.530 and 332.800, it is unlawful for any county officer to be interested in any contract made by the county officer or be a purchaser or be interested in any purchase of a sale made by the county officer in the discharge of his or her official duties.

      2.  Any contract made in violation of subsection 1 may be declared void at the instance of the county interested or of any other person interested in the contract except the officer prohibited from making or being interested in the contract.

      3.  Any person violating this section, directly or indirectly, is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1110; A 1987, 385; 2003, 891)

      NRS 245.075  County officer not to be interested in certain contracts or purchases; penalties. [Effective January 1, 2014.]

      1.  Except as otherwise provided in NRS 281.230, 281A.430 and 332.800, it is unlawful for any county officer, directly or indirectly, to be interested in any contract made by the county officer or to be a purchaser or interested in any purchase of a sale made by the county officer in the discharge of his or her official duties.

      2.  Any contract made in violation of this section may be declared void at the instance of the county interested or of any other person interested in the contract except the officer prohibited from making or being interested in the contract.

      3.  Any person who violates this section is guilty of a gross misdemeanor and shall forfeit his or her office.

      (Added to NRS by 1977, 1110; A 1987, 385; 2003, 891; 2013, 3785, effective January 1, 2014)

      NRS 245.110  Nevada Ethics in Government Law inapplicable to certain transactions.  The provisions of the Nevada Ethics in Government Law, chapter 281A of NRS, do not prohibit any county officer from purchasing the warrants of the State or of any other county, or to prevent any county officer from selling or transferring such warrants or scrip as the county officer may receive for his or her services, but none other.

      [Part 74:108:1866; B § 2672; BH § 1709; C § 1855; RL § 2826; NCL § 4826]—(NRS A 1975, 932; 1977, 1103)

      NRS 245.120  County officers may sell indebtedness for personal services rendered.  All county officers referred to in any of the sections of this chapter shall have the right to sell or transfer any evidences of public indebtedness which may be issued according to law, for services rendered by them to the county, legally and justly due, and the provisions of this chapter shall not be deemed to prevent the purchase, sale or transfer of any funded public indebtedness whatever of the State, or any county, city or town corporation.

      [Part 99:108:1866; B § 2697; BH § 1734; C § 1880; RL § 2846; NCL § 4846]

      NRS 245.125  Deposit and payment of money not belonging to county or its officers or employees.

      1.  Except as otherwise provided in subsection 2:

      (a) Each county officer or employee who, in the officer’s or employee’s official capacity, receives any money belonging to a person or other entity, other than the county or himself or herself, shall immediately deposit it with the county treasurer and obtain a receipt for it.

      (b) Money deposited in accordance with this subsection is not part of the public money of the county.

      (c) Money deposited with the county treasurer in accordance with this subsection must be paid to the owner upon the presentation of a certificate from the officer or employee who deposited the money, attesting that payment of the money is authorized by law and that the person or other entity requesting payment is the owner of the money and entitled to possession of it.

      2.  The provisions of subsection 1 do not apply:

      (a) In counties where ordinances establishing central receiving and disbursing systems have been enacted pursuant to NRS 244.207.

      (b) To money collected by a county assessor as agent for the Department of Motor Vehicles which must be remitted to the State at least weekly.

      (c) To money directed by court order to be deposited with the clerk of the court.

      (d) To amounts paid pursuant to a judicial or administrative order for the support of a child or of a spouse and child.

      (Added to NRS by 1977, 1044; A 1985, 1982; 1997, 2335; 2001, 2592)

RESIGNATIONS, VACANCIES AND TEMPORARY APPOINTMENTS

      NRS 245.130  Resignations.  Resignations of all county officers, except district judges, shall be made to the board of county commissioners of their respective counties.

      [Part 34:108:1866; B § 2632; BH § 1669; C § 1815; RL § 2798; NCL § 4798]

      NRS 245.140  Certification of cause of certain vacancies.  Whenever a vacancy occurs in any county office, except in cases of resignation, the clerk of the board of county commissioners of the county where such officer exercised the duties of his or her office, if confined to a single county, and if not thus confined, then the clerk of the board of county commissioners, where such officer last resided, previous to the occurring of such vacancy, shall certify to the board of county commissioners the cause of such vacancy. If such vacancy occurs from the confirmed insanity of the incumbent, or from his or her conviction of a felony, or an offense involving a violation of his or her official bond or oath, the clerk of the board of county commissioners shall also accompany his or her certificate with a certified copy of a judgment found upon the commission of lunacy, or a certified copy of the record of conviction for such felony or offense, as the case may be.

      [Part 39:108:1866; B § 2637; BH § 1674; C § 1820; RL § 2803; NCL § 4803]

      NRS 245.150  Certification of vacancy to Secretary of State.  Within 10 days after a vacancy has occurred in any county office, by resignation or otherwise, the clerk of the board of county commissioners shall certify the fact of such vacancy to the Secretary of State.

      [Part 31:108:1866; B § 2629; BH § 1666; C § 1812; RL § 2795; NCL § 4795]

      NRS 245.160  When commissioners declare an office vacant.  The board of county commissioners shall declare vacant the office of every county officer, except the office of district judge, required by law to execute an official bond, whenever a final judgment shall be obtained against such officer for a breach of the conditions of such bond, or whenever such officer shall be finally convicted of a felony, or any offense involving a violation of the officer’s official oath.

      [Part 38:108:1866; B § 2636; BH § 1673; C § 1819; RL § 2802; NCL § 4802]

      NRS 245.170  Vacancies: Appointment by board of county commissioners; placement of office or position on ballot under certain circumstances.  Except as otherwise provided by specific statute:

      1.  If a vacancy is declared in any county or township office, except the offices of district judge and county commissioner:

      (a) Thirty days or more before the date of the close of filing of declarations of candidacy specified in NRS 293.177, and the office is not otherwise scheduled for election at the next ensuing biennial election:

             (1) The board of county commissioners shall appoint a suitable person who is an elector of the county to fill the vacancy until the first Monday of January after the next ensuing biennial election;

             (2) The office must be placed on the ballot at that election; and

             (3) The person elected shall serve the remainder of the unexpired term.

      (b) At any other time, the board of county commissioners shall appoint a suitable person who is an elector of the county to serve the remainder of the unexpired term.

      2.  If a vacancy is declared in the position of a member of a town board appointed or elected pursuant to the provisions of NRS 269.016 to 269.022, inclusive:

      (a) Thirty days or more before the date of the close of filing of declarations of candidacy specified in NRS 293.177, and the position is not otherwise scheduled for election at the next ensuing biennial election:

             (1) The board of county commissioners shall appoint a suitable person who is an elector of the unincorporated town to fill the vacancy until the first Monday of January after the next ensuing biennial election;

             (2) The position must be placed on the ballot at that election; and

             (3) The person elected shall serve the remainder of the unexpired term.

      (b) At any other time, the board of county commissioners shall appoint a suitable person who is an elector of the unincorporated town to serve the remainder of the unexpired term.

      [19:80:1865; B § 3087; BH § 1959; C § 2121; RL § 1518; NCL § 1951] + [49:108:1866; A 1933, 165; 1939, 146; 1931 NCL § 4813]—(NRS A 1977, 54; 1997, 1291; 2013, 468)

      NRS 245.180  Temporary appointments.

      1.  When, at any time, there shall be in the county offices, except the office of district judge, no officer duly authorized to execute the duties thereof, some suitable person may be temporarily appointed by the board of county commissioners to perform the duties of such offices, until they are filled by election or appointment, as provided by law. In case there is no board of county commissioners in such county, the Governor may, on notice of such vacancy, create or fill such board.

      2.  Any person so appointed, in pursuance of subsection 1, shall, before proceeding to execute the duties assigned the person, qualify in the same manner as required by law of the officer in whose place he or she shall be appointed; and he or she shall continue to exercise and perform the duties of the office to which he or she shall be so appointed until the election of his or her successor at the next ensuing biennial election, and the qualification of such successor thereafter.

      [Part 41:108:1866; B § 2639; BH § 1676; C § 1822; RL § 2805; NCL § 4805] + [Part 42:108:1866; B § 2640; BH § 1677; C § 1823; RL § 2806; NCL § 4806]

      NRS 245.185  Temporary limited appointments of certified persons with disabilities.

      1.  To assist persons with disabilities certified by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation, the board of county commissioners of each county is encouraged and authorized to make temporary limited appointments of certified persons with disabilities for a period not to exceed 700 hours for each appointment notwithstanding that the positions so filled are permanent positions. A person with a disability who is certified by the Rehabilitation Division must be placed on the appropriate list for which the person is eligible.

      2.  Each such person must possess the training and experience necessary for the position for which he or she is certified. The Rehabilitation Division must be notified of the request of the board of county commissioners for a list of eligibility on which the names of one or more certified persons with disabilities appear. A temporary limited appointment of a certified person with a disability pursuant to this section constitutes the person’s examination as required by NRS 284.215.

      3.  The board of county commissioners shall adopt regulations to carry out the provisions of this section.

      4.  This section does not prevent a county from employing:

      (a) A person with a disability if the person is available and eligible for permanent employment.

      (b) A person with a disability who is employed pursuant to the provisions of this section in permanent employment if the person qualifies for permanent employment before the termination of his or her temporary limited appointment.

      5.  If a person appointed pursuant to this section is appointed to a permanent position during or after the 700-hour period, the 700 hours or portion thereof must be included in calculating the employee’s probationary period.

      (Added to NRS by 1987, 426; A 1991, 159; 1993, 471, 1546; 1995, 522)

VACATIONS AND LEAVES OF ABSENCE; DISABILITY

      NRS 245.200  Leaves of absence for elected county officers.

      1.  The board of county commissioners in any county is authorized and empowered to grant leave of absence to any county officer, authorized to appoint a deputy, for a period not exceeding 6 months, if in the discretion of the board such a course appears proper.

      2.  The officer desiring leave of absence shall first make application in writing to the board of county commissioners for such leave, and a copy of the application shall be published in some newspaper of the county at least 1 month previous to the granting of such leave. If there be no newspaper published in the county, copies of the application shall be posted in at least three public places in the county. Publication or posting shall be at the expense of the applicant.

      3.  The application shall contain the name of a competent deputy who is to be appointed by the officer applying for leave of absence, and who shall serve without expense to the county.

      [1:95:1893; C § 2151; RL § 1566; NCL § 2047] + [2:95:1893; C § 2152; RL § 1567; NCL § 2048] + [3:95:1893; C § 2153; RL § 1568; NCL § 2049]

      NRS 245.210  Annual and other leave for county officers and employees; contents of ordinance or agreement.

      1.  The board of county commissioners of each of the several counties shall, by ordinance or agreement pursuant to chapter 288 of NRS, provide for annual, sick and disability leave for elected and appointed county officers and county employees. The provisions of such an ordinance or agreement may be more restrictive but not more extensive than the provisions set forth in this section.

      2.  The ordinance or agreement must include provisions in substance as follows:

      (a) A provision that all elected and appointed officers and employees are entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.

      (b) A provision that the board of county commissioners may by order provide for additional annual leave for long-term appointed officers and employees and for prorated annual leave for part-time employees.

      (c) A provision that if an appointed officer or employee dies and was entitled to accumulated annual leave under the provisions of the ordinance, the heirs of the deceased officer or employee who are given priority to succeed to his or her assets under the laws of intestate succession of this State, or the executor or administrator of his or her estate, upon submitting satisfactory proof to the board of county commissioners of their entitlement, are entitled to be paid an amount of money equal to the number of days earned or accrued annual leave multiplied by the daily salary or wages of the deceased officer or employee.

      (d) A provision that an elected county officer must not be paid for accumulated annual leave upon termination of the officer’s service.

      (e) A provision that during the first 6 months of employment of any appointed officer or employee, annual leave accrues as provided in paragraph (a), but annual leave must not be taken during this period.

      (f) A provision that an appointed officer or employee must not be paid for accumulated annual leave upon termination of employment unless he or she has been employed for 6 months or more.

      (g) A provision that all elected and appointed officers and employees are entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year.

      (h) A provision that the board of county commissioners may by order provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.

      (i) A provision that any appointed officer or employee may be granted a leave of absence without pay.

      3.  Such an ordinance or agreement may include a provision that upon termination of employment, retirement or death all elected and appointed officers and employees are entitled to payment for their unused sick leave at their rate of salary at the time of termination, retirement or death.

      4.  Such an ordinance or agreement may include a provision that elected and appointed county officers and employees may donate portions of their accumulated annual and sick leave to other elected and appointed county officers and employees. If such a provision is adopted, donated time must be converted into money at the hourly rate of salary of the donor and the money must be converted into sick leave at the hourly rate of salary of the recipient.

      [1:141:1951]—(NRS A 1963, 50; 1975, 1127; 1977, 809; 1979, 352; 1993, 2087)

      NRS 245.211  Pension or insurance for peace officers and firefighters who are disabled.

      1.  The board of county commissioners of any county may establish, by contract or otherwise, and administer a disability pension plan or disability insurance program for the benefit of the county sheriff, any sheriff’s deputy or firefighter who is disabled, to any degree, by an injury arising out of and in the course of his or her employment.

      2.  The board of county commissioners may adopt ordinances, rules, regulations, policies and procedures necessary to establish and administer the plan or program specified in subsection 1.

      3.  If a county elects to consider implementation of a plan or program specified in subsection 1, or to change the benefits provided by an existing plan or program, the persons affected by the proposed plan or program, or proposed change, may negotiate with the county concerning the nature and extent of such plan, program or change. Chapter 288 of NRS applies to negotiations for this purpose.

      4.  The plan or program authorized by this section must be supplemental or in addition to and not in conflict with the coverage, compensation, benefits or procedure established by or adopted pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      5.  The benefits provided for in this section are supplemental to other benefits an employee is entitled to receive on account of the same disability. In no event may the benefits provided for in this section, when added to benefits provided for or purchased by the expenditure of public money, exceed the maximum amount of benefits an employee is entitled to receive if the employee has been a member of the department or agency for 10 years or more.

      (Added to NRS by 1975, 1298; A 1999, 232; 2005, 320)

MERIT SYSTEM FOR EMPLOYEES

      NRS 245.213  Establishment of merit system.

      1.  In each county having a population of 100,000 or more the board of county commissioners shall by ordinance establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.

      2.  In each county having a population of less than 100,000 the board of county commissioners may by ordinance establish a merit personnel system for all employees of the county except those exempted under the provisions of NRS 245.213 to 245.216, inclusive.

      (Added to NRS by 1969, 827; A 1969, 1545; 1973, 1139; 1979, 339, 521, 1331)

      NRS 245.214  Administration by board of county commissioners.  The board of county commissioners shall administer the provisions of NRS 245.213 to 245.216, inclusive, through the promulgation of appropriate rules and regulations and the employment of clerical and administrative staff.

      (Added to NRS by 1969, 828)

      NRS 245.215  Regulations: Required provisions.

      1.  The board of county commissioners shall adopt regulations for any merit personnel system established pursuant to the provisions of NRS 245.213 to 245.216, inclusive. The regulations must provide:

      (a) For the classification of all county positions, not exempt from the merit personnel system, based on the duties, authority and responsibility of each position, with adequate provision for reclassification of any position whatsoever whenever warranted by changed circumstances.

      (b) A pay plan for all county employees, including exempt employees other than elected officers that are covered in other provisions of NRS or by special legislative act.

      (c) Policies and procedures for regulating reduction in force and the removal of employees.

      (d) Hours of work, attendance regulations and provisions for sick and vacation leave.

      (e) Policies and procedures governing persons holding temporary or provisional appointments.

      (f) Policies and procedures governing relationships with employees and employee organizations.

      (g) Policies concerning employee training and development.

      (h) Grievance procedures.

      (i) Other policies and procedures necessary for the administration of a merit personnel system.

      2.  Regulations adopted pursuant to this section for a merit personnel system established by a board of county commissioners pursuant to subsection 2 of NRS 245.213 must not exempt any employees other than those who are specifically exempted from such a merit personnel system pursuant to NRS 245.216.

      3.  In the event of a conflict between the policies and procedures adopted pursuant to this section and the provisions of a collective bargaining agreement entered into pursuant to chapter 288 of NRS, the provisions of the agreement prevail.

      (Added to NRS by 1969, 828; A 1979, 339; 1997, 272)

      NRS 245.216  Personnel exempted from merit system.  There shall be exempted from the provisions of NRS 245.213, 245.214 and 245.215:

      1.  All department heads appointed and elected and the county administrator or county manager of the county.

      2.  A number of employees in each department excluding the department head as designated by the department head, which shall not exceed 3 percent of the permanently established positions as authorized by the board of county commissioners.

      3.  All persons holding temporary or provisional appointments, the duration of which does not exceed 6 months.

      (Added to NRS by 1969, 828; A 1973, 1140)